City Council

CITY OF LONG BEACH TUESDAY, DECEMBER 9, 2014 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Lena Gonzalez, 1st District Stacy Mungo, 5th District Dr. Suja Lowenthal, Vice Mayor, 2nd District Dee Andrews, 6th District Suzie A. Price, 3rd District Roberto Uranga, 7th District Vacant, 4th District Al Austin, 8th District Rex Richardson, 9th District Patrick H. West, City Manager Dr. Robert Garcia, Mayor Larry Herrera-Cabrera, City Clerk Charles Parkin, City Attorney FINISHED AGENDA & MINUTES The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items can be taken out of order during the meeting. Please consult the time stamps to determine the order in which business was addressed. The Agenda Items were considered in the order presented, except for the Presentation for Better Vision for Children Foundation was considered after the Presentation by Senator Lara Ricardo. ROLL CALL (5:00 PM) Councilmembers Gonzalez, Lowenthal, Price, Mungo, Andrews, Uranga, Austin Present: and Richardson Also present: Patrick H. West, City Manager; Tom Modica, Assistant City Manager; Charles Parkin, City Attorney; Richard Anthony, Deputy City Attorney; Laura Doud, City Auditor; Poonam Davis, Assistant City Clerk; Pablo Rubio, City Clerk Specialist; Megan Wiegelman, City Clerk Specialist. Mayor Garcia presiding. Invocation: Moment of Silence. Pledge of Allegiance: Al Austin, Councilman, Eighth District. Mayor Garcia announced that Agenda Item No. 10 would be considered at 5:45 p.m. Julie Pruitt, spcaLA, presented a canine. Presentation for Better Vision for Children Foundation. 14-1087 Tom Cataldo, Founder, Better Vision for Children Foundation, spoke; and distributed a handout. This Handout was received and filed. Page 1 of 14 CITY OF LONG BEACH TUESDAY, DECEMBER 9, 2014 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Presentation by Senator Ricardo Lara. 14-1088 Senator Ricardo Lara spoke; and provided a PowerPoint presentation. This Handout was received and filed. Mayor Garcia spoke. Councilmember Richardson spoke. Councilman Austin spoke. Councilmember Uranga spoke. Councilwoman Gonzalez spoke. Councilwoman Mungo spoke. Councilman Andrews spoke. Vice Mayor Lowenthal spoke. Councilwoman Price spoke. PUBLIC COMMENT (5:25 PM) Ronnie Barnes spoke regarding HUD rent for 2015. 14-1086 Bobby Starchild spoke regarding poverty awareness and solution; and distributed a handout. This Handout was received and filed. Larry Goodhue spoke regarding various issues. Dennis Dunn spoke regarding various issues. 14-1085 Jorge Rivera spoke regarding Housing Long Beach; and distributed a handout. This Handout was received and filed. Page 2 of 14 CITY OF LONG BEACH TUESDAY, DECEMBER 9, 2014 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Elexcy Morgan spoke regarding landlord retaliation. Vanessa Davis spoke regarding fair housing, tenant protections, and REAP. CONSENT CALENDAR (5:43 PM) Passed The Consent Calendar A motion was made by Vice Mayor Lowenthal, seconded by Councilwoman Gonzalez, to approve Consent Calendar Items 1 - 8. The motion carried by the following vote: Yes: 8 - Gonzalez, Lowenthal, Price, Mungo, Andrews, Uranga, Austin and Richardson 1. 14-1023 Recommendation to refer to City Attorney damage claims received between November 24, 2014 and December 1, 2014. A motion was made to approve recommendation on the Consent Calendar. 2. 14-1040 Recommendation to approve the destruction of records for City Clerk Department; and adopt resolution. A motion was made to approve recommendation and adopt Resolution No. RES-14-0113 on the Consent Calendar. Enactment No: RES-14-0113 3. 14-1041 Recommendation to approve the destruction of records for Financial Management Department, Treasury Bureau; and adopt resolution. A motion was made to approve recommendation and adopt Resolution No. RES-14-0114 on the Consent Calendar. Enactment No: RES-14-0114 4. 14-1024 Recommendation to adopt resolution directing the Director of Development Services to submit the previously adopted Ordinance amendments related to truck terminals and truck yard facilities (ORD-10-0033) and wireless telecommunications facilities (ORD-11-0011) to the California Coastal Commission for a finding of conformance with the Local Coastal Plan; and A motion was made to approve recommendation and adopt Resolution No. RES-14-0115 on the Consent Calendar. Enactment No: RES-14-0115 14-1025 Adopt resolution directing the Director of Development Services to submit the previously adopted Ordinance amendment related to check cashing and other financial services (ORD-13-0018) to the Page 3 of 14 CITY OF LONG BEACH TUESDAY, DECEMBER 9, 2014 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM California Coastal Commission for a finding of conformance with the Local Coastal Plan. (Citywide) A motion was made to approve recommendation and adopt Resolution No. RES-14-0116 on the Consent Calendar. Enactment No: RES-14-0116 5. 14-1026 Recommendation to authorize City Manager to increase Blanket Purchase Order Agreement No. BPLB12000045 with Allied Refrigeration, Inc., of Signal Hill, CA, for the repair and maintenance of City Heating, Ventilation and Air Conditioning (HVAC) systems, by $200,000, for a total contract amount not to exceed $490,000. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 6. 14-1027 Recommendation to authorize City Manager, or designee, to execute all necessary documents for the City of Long Beach to accept funding from the Los Angeles Emergency Food and Shelter Program, in the amount of $15,000, for the period March 1, 2014 through June 30, 2015, including any subsequent amendments that change the terms or increase grant amounts. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 7. 14-1028 Recommendation to adopt resolution authorizing City Manager to accept a total of $553,050 in Housing-Related Parks Program grant funding, awarded by the California Department of Housing and Community Development, for the replacement of the playground and the rehabilitation of park amenities and park grounds at MacArthur Park; and execute any documents necessary for the administration of the project. (District 6) A motion was made to approve recommendation and adopt Resolution No. RES-14-0117 on the Consent Calendar. Enactment No: RES-14-0117 Page 4 of 14 CITY OF LONG BEACH TUESDAY, DECEMBER 9, 2014 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM 8. 14-1029 Recommendation to receive and file minutes for: Planning Commission - November 6, 2014. A motion was made to approve recommendation on the Consent Calendar. REGULAR AGENDA (5:44 PM) 9. 14-1039 Recommendation to adopt resolution repealing Resolution No. RES-09-0042 and restoring terms and conditions of employment for the affected employees of the lnternational Association of Machinists (IAM) prior to the passing of RES-09-0042. (Citywide) A motion was made by Councilmember Richardson, seconded by Councilman Austin, to approve recommendation and adopt Resolution No. RES-14-0118. The motion carried by the following vote: Yes: 8 - Gonzalez, Lowenthal, Price, Mungo, Andrews, Uranga, Austin and Richardson Enactment No: RES-14-0118 10. 14-1042 Recommendation related to the Public-Private-Partnership to Design-Build-Finance-Operate-Maintain a re-envisioned Civic Center, including City Hall, Main Library, Lincoln Park, Private Development and a possible new permanent headquarters for the Harbor Department (Project), the following actions are hereby requested: Receive and file the Evaluation Summary Report, dated October 2, 2014, which summarizes the analyses and scores of the responses to Request for Proposals (RFP) No. CM14-040; Confirm the findings in the Evaluation Summary Report that both Plenary Edgemoor Civic Partners (PECP) and Long Beach CiviCore Alliance (LBCCA) submitted proposals responsive to the RFP and are eligible to receive payment of the stipend; Confirm the recommendation of staff to select PECP as the City’s preferred Project Team for the Project; For the Port-In alternative, authorize City Manager to negotiate and execute an Memorandum of Understanding (MOU) with the Board of Harbor Commissioners (BHC) detailing rights and obligations of both parties during the Exclusive Negotiation Agreement period; Page 5 of 14 CITY OF LONG BEACH TUESDAY, DECEMBER 9, 2014 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Authorize City Manager to extend Agreement No. 33344 with Arup North America Limited (Arup) for an additional period of five years and increase authority by $2,900,000, plus a ten percent contingency of $290,000, for a total contract authority of $4,070,438; Authorize City Manager to enter into a contract with Sheppard Mullin Richter & Hampton, LLC, for legal services for a term of five years at a cost of $1.8 million, plus a ten percent contingency of $180,000, for a total contract authority of $1,980,000; Authorize City Manager to take all actions necessary to pursue enabling legislation in the event it is determined that such legislation would benefit the Project; Authorize City Manager to negotiate and execute, at a minimum, the following agreements with PECP, and, if negotiations with PECP come to an impasse, or otherwise terminate, then with LBCCA: Exclusive Negotiation Agreement, Term Sheet, Global Executory Agreement and any other document or agreement necessary to effectuate the terms of the Project; Appropriate $4.6 million from the Civic Center Fund for the estimated City share of the cost of the Exclusive Negotiation Agreement (ENA) period; Authorize City Manager to conduct all activities, and sign and submit all documents or applications, necessary to proceed with the entitlement of the Project, including clearance under the California Environmental Quality Act; and Approve the formation of one or more Non-Profit Special Purpose Entities for the purpose of issuance of bonds to fund the Project costs. (District 2) Mayor Garcia spoke. Patrick West, City Manager, spoke; and provided a PowerPoint presentation. Mayor Garcia spoke. Page 6 of 14 CITY OF LONG BEACH TUESDAY, DECEMBER 9, 2014 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Eliot Jamison, Senior Vice President at Macquarie Capital, spoke; and provided a PowerPoint presentation. Bob Tarnofsky, Director of Real Estate, Continental Development Corporation, spoke; and continued the PowerPoint presentation. Dale Bonner, Executive Chairman of Plenary Concessions, spoke; and provided a PowerPoint presentation. Paul Danna, Design Director, Skidmore, Owings, & Merrill LLP, spoke; and continued the PowerPoint presentation. Jeffrey Fullerton, Director, Edgemoor Infrastructure and Real Estate, spoke; and continued the PowerPoint presentation. Stuart Marks, Senior Vice President, Plenary Group, spoke; and continued the PowerPoint presentation. Vice Mayor Lowenthal spoke. Patrick West, City Manager, spoke. Vice Mayor Lowenthal spoke. Richard Anthony, Deputy City Attorney, spoke. Vice Mayor Lowenthal spoke. Councilwoman Gonzalez spoke. Councilmember Richardson spoke. Richard Anthony, Deputy City Attorney, spoke. Councilmember Richardson spoke. Councilwoman Price spoke. Councilmember Uranga spoke. Councilwoman Mungo spoke. Page 7 of 14 CITY OF LONG BEACH TUESDAY, DECEMBER 9, 2014 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Councilman Austin spoke. Larry Goodhue spoke. Margaret Smith, Vice President of Public Affairs, Long Beach Public Library Foundation, spoke. Dale Whitney, Manager, Downtown Long Beach Certified Farmer's Market, spoke; and distributed a flyer. Jim McCabe spoke. Joe Ganem spoke. Unidentified man spoke. Douglas Domingo-Foraste spoke. Richard Lettiere spoke. Cathlene spoke. Kraig Kojian, President, Downtown Long Beach Association, spoke. Elliot Gonzales spoke. Jim Goodman, Vice President, Ocean Residence Community Association, spoke. Ron Miller, Executive Secretary of the Los Angeles/Orange Counties Building & Construction Trades Council, spoke. Alex Lafarga spoke. Tim Vaughan, Senior Vice President, CBRE, spoke. Rusty Hicks, Executive Secretary Treasurer elect, Los Angeles County Federation of Labor, spoke. Derek Smith, Political Director, UNITE HERE Local 11, spoke. Page 8 of 14 CITY OF LONG BEACH TUESDAY, DECEMBER 9, 2014 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Joe Weinstein spoke. Albert Ramirez, Job Developer, WINTER Youthbuild, spoke. Jack Smith spoke. Sarah Myers, Executive Director, Long Beach Public Library Foundation, spoke. Larry Jackson, Secretary, Long Beach Convention & Visitors Bureau, spoke. Greg Keebler spoke. Silvano Merlo spoke. Steve Goodling, President, Long Beach Convention & Visitors Bureau, spoke. Alexander Torres-Galancid, Executive Director, Women in Non Traditional Employment Roles, spoke. Mayor Garcia spoke. Councilwoman Price spoke. Vice Mayor Lowenthal spoke. Richard Anthony, Deputy City Attorney, spoke. Vice Mayor Lowenthal spoke. Councilman Austin spoke. Councilmember Richardson spoke. Councilmember Uranga spoke. Councilman Andrews spoke. Councilwoman Gonzalez spoke. Page 9 of 14 CITY OF LONG BEACH TUESDAY, DECEMBER 9, 2014 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM A motion was made by Vice Mayor Lowenthal, seconded by Councilwoman Gonzalez, to approve recommendation, as amended, to include a local hiring component with the contract; and request staff to report back every six months on the progress of the project. The motion carried by the following vote: Yes: 8 - Gonzalez, Lowenthal, Price, Mungo, Andrews, Uranga, Austin and Richardson Mayor Garcia declared a five minute recess. Mayor Garcia called the meeting back to order at 9:24 p.m. 11. 14-1019 Recommendation to authorize City Manager to execute a Solar Power & Services Agreement and related documents with SunEdison Government Solutions, LLC, for a 25-year term for the purchase of energy produced from solar photovoltaic installations at five potential municipal sites within the City of Long Beach, and any necessary amendments that do not change material terms. (District 5) Larry Goodhue spoke. Councilwoman Gonzalez spoke. Patrick West, City Manager, spoke. A motion was made by Councilwoman Mungo, seconded by Councilwoman Gonzalez, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Mungo, Uranga, Austin and Richardson Absent: 1 - Andrews 12. 14-1031 Recommendation to authorize City Manager to submit an application for the Airport Improvement Program Grant for Fiscal Year 2015 to the Federal Aviation Administration for funding of the Airfield Geometry Study - Phase 2; and to accept such grant, execute grant documents, and amend grant documents and grant amounts with the Federal Aviation Administration for additional discretionary funds. (District 5) Page 10 of 14 CITY OF LONG BEACH TUESDAY, DECEMBER 9, 2014 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM A motion was made by Councilwoman Mungo, seconded by Councilmember Richardson, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Mungo, Uranga, Austin and Richardson Absent: 1 - Andrews 13. 14-1032 Recommendation to receive and file the application of Farhad Dia, dba Café Dia, for an original application of an Alcoholic Beverage Control License, at 429 Shoreline Village Drive, Suite F. (District 2) Distributed at the meeting: ABC conditions. Vice Mayor Lowenthal spoke. A motion was made by Vice Mayor Lowenthal, seconded by Councilwoman Gonzalez, to approve recommendation with conditions. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Mungo, Uranga, Austin and Richardson Absent: 1 - Andrews 14. 14-1033 Recommendation to authorize City Manager to execute documents necessary to establish a Memorandum of Understanding (MOU) with the California Conference for Equality and Justice (CCEJ), to divert juvenile cases from the Long Beach Police Department (PD), replacing the filing of a petition with a Restorative Community Conference (RCC). (Citywide) A motion was made by Councilmember Uranga, seconded by Councilman Austin, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Mungo, Uranga, Austin and Richardson Absent: 1 - Andrews 15. 14-1030 Recommendation to adopt Plans and Specifications No. R-6999 for the East Division Police Substation, award the Base Bid and Alternates 2, 3, 4 and 5 to Robert Clapper Construction Services, Inc., of Rialto, CA, in the amount of $5,617,736, and authorize a contingency in the amount of $498,774, for a total contract amount not to exceed $6,116,510; authorize City Manager to execute all Page 11 of 14 CITY OF LONG BEACH TUESDAY, DECEMBER 9, 2014 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM documents necessary to enter into the contract, including any necessary amendments thereto, and adopt and accept Mitigated Negative Declaration No. MND 02-13; Increase appropriations in the Capital Projects Fund (CP) in the Public Works Department (PW) by $7,063,951; and Increase appropriations in the Capital Projects Fund (CP) by $226,348, increase appropriations in the General Grants Fund (SR 120) by $132,762, and increase appropriations in the General Fund (GF) by $660,000, all in the Police Department (PD). (District 5) Councilman Austin spoke. Patrick West, City Manager, spoke. Councilwoman Mungo spoke. Councilmember Uranga spoke. Mayor Garcia spoke. Patrick West, City Manager, spoke. A motion was made by Councilwoman Mungo, seconded by Councilmember Richardson, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Mungo, Uranga, Austin and Richardson Absent: 1 - Andrews ORDINANCE (9:38 PM) 16. 14-1015 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Chapter 2.36 relating to the Economic Development Commission, read and adopted as read. A motion was made by Councilmember Richardson, seconded by Councilman Austin, to approve recommendation and adopt Ordinance No. ORD-14-0021. The motion carried by the following vote: Page 12 of 14 CITY OF LONG BEACH TUESDAY, DECEMBER 9, 2014 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Yes: 7 - Gonzalez, Lowenthal, Price, Mungo, Uranga, Austin and Richardson Absent: 1 - Andrews Enactment No: ORD-14-0021 NEW BUSINESS (9:39 PM) 17. Affidavit of Service for special meeting held Tuesday, December 9, 2014. 18. 14-1084 eComments received for the City Council meeting of Tuesday, December 9, 2014. This Agenda Item was received and filed. ANNOUNCEMENTS (9:39 PM) Councilmember Richardson made community announcements. Councilmember Uranga made community announcements. Councilman Austin made community announcements. Councilwoman Gonzalez made community announcements. Councilwoman Price made community announcements. Vice Mayor Lowenthal made community announcements. Mayor Garcia requested that the meeting be adjourned in memory of Dr. Joseph Simmons. ADJOURNMENT (9:45 PM) At 9:45 PM, Mayor Garcia adjourned the meeting in memory of Dr. Joseph Simmons. mw Page 13 of 14 CITY OF LONG BEACH TUESDAY, DECEMBER 9, 2014 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM NOTE: If written language translation of the City Council agenda and minutes for non-English speaking persons is desired, please make your request by phone to the City Clerk Department at (562) 570-6101, 72 hours prior to the City Council meeting. Kung ang nakasulat na pagsasalin-wika ng adyenda at mga katitikan ng Konseho ng Lunsod ay hinahangad para sa mga taong hindi nagsasalita ng Ingles, mangyaring gawin ang iyong kahilingan sa pamamagitan ng telepono sa Kagawaran ng Klerk ng Lunsod sa (562) 570-6101, 72 oras bago ang pulong ng Konseho ng Lunsod.” Si desea obtener la traducción lingüística escrita de la agenda y las actas del Concejo Municipal para las personas que no hablan inglés, realice su pedido por teléfono al Departamento de la Secretaría Municipal al (562) 570-6101, 72 horas antes de la reunión del Concejo Municipal. Page 14 of 14